How to File a Medical Malpractice Lawsuit

The incidence of Medical Malpractice is, unfortunately, widespread across the United States, covering all specialties and all categories of health professionals.

If a health care professional, whist providing treatment or care, fails to act with the same diligence and ability as a similarly qualified professional would deem acceptable and reasonable, then he may be guilty of medical malpractice.

This Duty of Care and Standard of Care is legally binding and applies to all health professionals, be they physicians, therapists or psychiatrists. All the medical procedures they perform and the treatments they administer should be within the standard of care.

However the patient has to show more than that an act of negligence has been committed by the health care giver. He must prove that the damage done to his health was as a DIRECT RESULT of the negligent act and that no other causes were possible.

The risk of injury is ever present whenever medical procedures take place, whether they are of an invasive nature or otherwise. But if the health provider involved carried out the procedure attentively and with regard to the Standard of Care then the he will not be held responsible for any resultant injury.

The unique nature of each compensable injury, ranging from birth injuries to wrongly administered medication, make medical malpractice claims complex and time consuming for the attorney to investigate. He must first of all collect together the medical records and any other relevant material surrounding the case. After satisfying himself that there is a possible case of medical malpractice he must then employ the services of an expert witness to testify in a presuit that in his opinion there is sufficient evidence to take the case further.

The importance of engaging the services of an experienced medical malpractice lawyer as soon as the injury is discovered cannot be emphasised enough. The Florida Statute of Limitations requires that a medical malpractice lawsuit be filed within two years of the negligent act being committed and the latest any negligence case can be brought is four years. There are some exceptions to this rule including if the victim is a child under the age of eight years. Further exceptions involve cases where a foreign body has been left in a patient and not discovered until some time later. In a case of this nature the time countdown would start from the date the foreign body was discovered.

To ensure the attorney has all the necessary information to make an informed decision on a case of medical malpractice it is advisable that the victim takes the time to write down all the circumstances of his treatment from the first appointment with the physician to his present day circumstances.